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the militia, and act as Captain-general and Commander in Chief of them, and the other military force of this State, under the laws of the fame.

X. Either House of the General Assembly may adjourn themselves respectively. The President shall not prorogue, adjourn, or dissolve the General Assembly; but he may, with the advice of the Privy-council, or on the application of a majority of either House, call them before the time to which they shall stand adjourned; and the two Houses shall always sit at the fame time and place; for which purpose, immediately after every adjournment, the Speaker of the House of Assembly shall give notice to the Speaker of the other House of the time to which the House of Assembly stands adjourned.

XL The Delegates for Delaware to the Congress of the United States of America, shall be chosen annually, or superseded in the mean time, by joint ballot of both Houses in. the General Assembly.

XII. The President and General Assembly shall by joint ballot appoint three Justices of the Supreme Court for the State, one of whom shall be Chief Justice and a Judge of Admiralty $

and and also fourjustices of the Courts of CommonPlcas and Orphans Courts for each county, one of whom in each Court shall be stiled Chief Justice (and in case of division on the ballot, the President shall have an additional casting voice), to be commissioned by the President under the great seal, who shall continue in office during good behaviour; and during the time the Justices of the said Supreme Court and Courts of Common-Pleas remain in office, they mall hold none other except in the militia. Any one of thejustices of either of said Courts shall have power, in case of the non-coming of his brethren, to open and adjourn the Court. An adequate, fixed, but moderate salary shall be settled on them during their continuance in office. The President and Privycouncil shall appoint the Secretary; the Attorney General ; Registers for the Probate of Wills, and granting letters of administration; Registers in Chancery; Clerks of the Courts of Common-Pleas and Orphans Courts and Clerks of the Peace; who shall be commissioned as aforesaid, and remain in office during five years, if they behave themselves well, during which time the said Registers in Chancery and Clerks

shall /hall not be Justices of either of the said Courts of which they are officers, but they shall have authority to sign all writs by them issued, and take recognizances of bail. The Justices of the Peace shall be nominated by the House of Assembly ; that is to fay, They shall name twentyfour persons for each county, of whom the President, with the approbation of the Privycouncil, shall appoint twelve, who shall be commissioned as aforesaid, and continue in of"fice during seven years, if they behave themselves well; and in case of vacancies, or if the legislature shall think proper to increase the number, they shall be nominated and appointed in like manner. The members of the Legislative and Privy Councils shall be Justices of the Peace for the whole State, during their continuance in trust: and the Justices of the Courts of Common-pleas shall be Conservators of the Peace in the respective counties.

XIII. The Justices of the Courts of Common-pleas and Orphans Courts shall have the power of holding inferior Courts of Chancery as heretofore, unless the legislature shall otherwise direct.

The Clerks of the Supreme Court shall be appointed by the Chief Justice thereof, arid

the the Recorders of Deeds by the Justices os' the Courts of Common-pleas for each coiinty severally, and commissioned by the President under the Great Seal, and continue in office five years, if they behave themselves well.

XV. The Sheriffs and Coroners of the respective counties shall be chosen annually as heretofore; and any person having served three years as Sheriff, (hall be ineligible for three

-years after; and the President and Privy-council mall have the appointment of such of the two candidates returned for the said offices of Sheriffs and Coroners, as they shall think best qualified, in the same manner that the Governor heretofore enjoyed this power.

XVI. The General Assembly by joint ballot shall appoint the Generals and Field-officers, and all other officers in the army or navy of this State. And the President may appoint during pleasure, until otherwise directed by the legislature, all necessary civil officers not herein before-mentioned. •

"XVII. There shall be an appeal from the Supreme Court of Delaware in matters of law and equity, to a Court of seven persons, to consist of the President for the time being, who


shall preside therein, and six others, to be appointed, three by the Legislative Council, and three by the House of Assembly, who shall continue in office during good behaviour, and be commissioned by the President under the Great Seal; which Court shall be styled, Tie Court of appeals, and have all the authority and powers heretofore given by law in the last resort to the King in Council, under the old government. The Secretary shall be the Clerk of this Court, and vacancies therein occasioned by death or incapacity mall be supplied by new elections, in manner aforesaid.

XVIN. The Justices of the Supreme Court and Courts of Common-pleas, the Members of the Privy-council, the Secretary, the Trustees of the Loan-office, and CJerks of the Courts of Common-pleas, during their continuance in office,"and all persons concerned in any army or navy contracts, shall be ineligible to either House of Assembly and any Member of either House accepting of any other of the offices herein before-mentioned (excepting the office of a Justice of the Peace) mall have hie feat thereby vacated, and a new election stiall be ordered.

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